Can Bail Be Denied in California?

Getting arrested is scary — and many people immediately ask the same question: “Can I get out on bail?” While most cases allow for some type of bail or release, there are situations in California where bail can be denied altogether.

When Can Bail Be Denied?

In California, bail can be denied in two key scenarios:

Capital Crimes: If someone is charged with a crime punishable by death (like certain types of murder), the court can deny bail entirely.
Clear Public Safety Threat: If a judge believes the accused poses a serious danger to others or is likely to flee before trial, bail can also be denied.

What Happens If Bail Is Denied?

If the court denies bail, the person must remain in custody until their trial or until another hearing reconsiders the issue. This is typically reserved for rare and extreme cases.

Is This Common?

No — most people are granted bail or released on their own recognizance (OR), especially for non-violent or first-time offenses. However, certain serious charges or repeat offenses may make it harder to qualify for release.

Can You Appeal a Denied Bail Decision?

Yes. Your attorney can request a bail review hearing. This gives you a chance to argue for a reduced bail amount or to be released under special conditions (like house arrest or supervision).

Bail Reform in California

California has made changes in recent years aimed at reducing jail time for people who simply can’t afford bail. Some counties use risk assessments and supervised release programs instead of relying solely on cash bail.

What to Do If You’re Denied Bail

If you or a loved one has been denied bail, don’t give up. Contact an experienced attorney and a trusted bail bonds agency like Cowboy Bail Bonds to discuss all available options. Even if bail was initially denied, circumstances can change.